URS DEFAULT DETERMINATION

 

BNP PARIBAS v. WhoisGuard, Inc.

Claim Number: FA1605001674561

 

DOMAIN NAME

<bnpparibas.press>

 

PARTIES

Complainant:  BNP PARIBAS of PARIS, France.

Complainant Representative: 

Complainant Representative: Nameshield of Angers, France.

 

Respondent:  WhoisGuard, Inc. of Panama, Panama, International, PA.

Respondent Representative:  «cFirstName» «cMiddle» «cLastName»

 

REGISTRIES and REGISTRARS

Registries:  DotPress Inc.

Registrars:  NameCheap, Inc.

 

EXAMINER

The undersigned certifies that he or she has acted independently and impartially and to the best of his or her knowledge has no known conflict in serving as Examiner in this proceeding.

 

Terry F. Peppard, as Examiner.

 

PROCEDURAL HISTORY

Complainant submitted: May 12, 2016

Commencement: May 12, 2016   

Default Date: May 27, 2016

 

Having reviewed the communications records, the Examiner finds that the Forum has discharged its responsibility under URS Procedure  Paragraphs 3 and 4 and Rule 4 of the Rules for the Uniform Rapid Suspension System (the "Rules") .

 

RELIEF SOUGHT

Complainant requests that the domain name be suspended for the life of the registration.

 

STANDARD OF REVIEW

Clear and convincing evidence.

 

FINDINGS and DISCUSSION

 

[Examiner, please note any findings regarding multiple complainants or multiple respondents here, including any domain name you wish to dismiss.]

 

[Examiner, please note any Findings of Fact]

 

Even though the Respondent has defaulted, URS Procedure 1.2.6, requires Complainant to make a prima facie case, proven by clear and convincing evidence, for each of the following three elements to obtain an order that a domain name should be suspended.

 

[Examiner: Please provide your legal findings and conclusions regarding the three URS elements and any defenses raised by Respondent.]

 

FINDING OF ABUSE  or MATERIAL FALSEHOOD

 

[Examiner: If you have independently found that the Complaint was brought in an abuse of this proceeding or that it contained material falsehoods, provide your findings and conclusions here.  If not, please delete this subheading.]

 

DETERMINATION

After reviewing the Complainant’s submissions, the Examiner determines that

the Complainant has demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain names be SUSPENDED for the duration of the registration.

[list any domain names found for Complainant  or else delete this paragraph]

 

After reviewing the Complainant’s submissions, the Examiner determines that

the Complainant has NOT demonstrated all three elements of the URS by a standard of clear and convincing evidence; the Examiner hereby Orders the following domain names be RETURNED to the control of Respondent.

[list any domain names found for Respondent or else delete this paragraph]

 

  After reviewing the parties’ submissions, the Examiner determines that

the following domain names should be dismissed without any findings; the Examiner hereby Orders the following domain names be returned to the control of the Respondent.

[list any domain names you would like to dismiss from the complaint, or delete this paragraph]

 

[Delete this paragraph if it doesn’t apply]

The Examiner further finds the Complaint was brought in an abuse of the administrative proceeding or with material falsehoods as explained above.  Complainant is reminded of URS Procedure 11 when making future filings. 

 

 

Terry F. Peppard, Examiner

Dated:  May 27, 2016

 

 

 

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